[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3164 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 3164
To require the Secretary of Transportation to issue a rule that
requires all new passenger motor vehicles to be equipped with a child
safety alert system, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 12, 2021
Mr. Ryan (for himself and Ms. Schakowsky) introduced the following
bill; which was referred to the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To require the Secretary of Transportation to issue a rule that
requires all new passenger motor vehicles to be equipped with a child
safety alert system, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hot Cars Act of 2021''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) Children and pets left unattended in vehicles, or
children independently accessing unoccupied vehicles, are a
significant public health and safety problem.
(2) Millions of children are transported every day in the
back seat of vehicles and are at risk of being unknowingly left
behind and dying or suffering serious injuries from heatstroke.
(3) Data collected by KidsAndCars.org found information
about at least 8,000 children left alone in hot cars or as a
result of gaining access independently into unoccupied cars
between 1990 and 2020. Of those, over 990 children have been
killed due to heatstroke and more than 1,200 children were
injured.
(4) Over the past 30 years, child hot car deaths have
continued to trend upwards despite widespread education
programs and public awareness.
(5) Inexpensive technology is currently available to detect
the presence of an occupant unattended in a vehicle and engage
a warning.
(b) Purpose.--The purpose of this Act is to reduce the deaths and
injuries that result from occupants being left unattended in vehicles
and instances in which children independently access an unoccupied
vehicle.
SEC. 3. SAFETY WARNING FOR OCCUPANTS OF HOT CARS.
(a) Occupant Safety.--
(1) In general.--Subchapter II of Chapter 301 of title 49,
United States Code, is amended by adding at the end the
following new section:
``Sec. 30129. Occupant safety
``(a) Definitions.--In this section:
``(1) Passenger motor vehicle.--The term `passenger motor
vehicle' has the meaning given that term in section 32101.
``(2) Secretary.--The term `Secretary' means the Secretary
of Transportation.
``(b) Rulemaking.--Not later than 2 years after the date of
enactment of this section, the Secretary shall issue a final rule
prescribing a motor vehicle safety standard that requires all new
passenger motor vehicles with a gross vehicle weight rating of 10,000
pounds or less to be equipped with a system that detects the presence
of an unattended occupant in the passenger compartment of the vehicle
and engages a warning to reduce death and injury resulting from
vehicular heatstroke, particularly incidents involving children.
``(c) Limitation on Capability of Being Disabled.--The motor
vehicle safety standard prescribed under subsection (b) shall require
that the system described in that subsection cannot be disabled,
overridden, reset, or recalibrated in such a way that the system will
no longer detect the presence of an unattended occupant in the
passenger compartment of the vehicle and engage a warning.
``(d) Means.--
``(1) In general.--The warning required under the motor
vehicle safety standard prescribed under subsection (b) shall
include a distinct auditory and visual warning to notify
individuals inside and outside of the vehicle of the presence
of an unattended occupant, which shall be combined with an
interior haptic warning.
``(2) Consideration.--In developing such warning, the
Secretary shall also consider including a secondary additional
warning to--
``(A) notify--
``(i) operators that are not in close
proximity to the vehicle; and
``(ii) emergency responders; and
``(B) provide the geographical location of the
vehicle in a manner that allows for an emergency
response.
``(e) Compliance Deadline.--The rule issued pursuant to subsection
(b) shall require full compliance with the motor vehicle safety
standard prescribed in the rule not later than 2 years after the date
on which the final rule is issued.''.
(2) Clerical amendment.--The table of sections for
subchapter II of chapter 301 of title 49, United States Code,
is amended by adding at the end the following new item:
``30129. Occupant safety.''.
(b) Study.--
(1) Independent study.--
(A) Contract.--Not later than 90 days after the
date on which a final rule is issued pursuant to
section 30129(b) of title 49, United States Code, as
added by subsection (a)(1), and every two years
thereafter, the Secretary shall enter into a contract
with an independent third party to conduct the study
described under subparagraph (B).
(B) Study.--
(i) In general.--Under the contract between
the Secretary and an independent third party
under subparagraph (A), the independent third
party shall carry out a study on retrofitting
passenger motor vehicles introduced into
interstate commerce before the effective date
of the rule required pursuant to section
30129(b) of title 49, United States Code, as
added by subsection (a)(1), with technologies
and products that meet the safety need
addressed by the motor vehicle safety standard
prescribed under such section.
(ii) Elements.--In carrying out the study
required under clause (i), the independent
third party shall--
(I) identify technologies and
products--
(aa) manufactured for use
in passenger motor vehicles
introduced into interstate
commerce before the effective
date of the rule required by
section 30129(b) of title 49,
United States Code, as added by
subsection (a)(1); and
(bb) that reduce death and
injury resulting from vehicular
heatstroke, particularly
incidents involving children;
and
(II) make recommendations for
manufacturers of such technologies and
products to undergo a functional safety
performance assessment to ensure that
the technologies and products perform
as designed by the manufacturer under a
variety of real-world conditions.
(2) Publication; public comment.--Not later than 2 years
after the date on which the Secretary enters into a contract
pursuant to paragraph (1)(A), and every two years thereafter,
the Secretary shall--
(A) publish the study required under paragraph
(1)(B) in the Federal Register; and
(B) provide a period for public comment of not
longer than 90 days after the date on which the study
is published pursuant to subparagraph (A).
(3) Consumer information.--Not later than 120 days after
expiration of the public comment period described under
paragraph (2)(B) and upon review of the public comments, the
Secretary shall provide information for consumers through the
website of the National Highway Traffic Safety Administration
on the performance of the technologies and products described
in paragraph (1)(B)(ii) to retrofit existing vehicles.
(4) Submission to congress.--Upon issuance of the
recommendations required under paragraph (1)(B), the Secretary
shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Energy and
Commerce of the House of Representatives the study and
recommendations required by paragraph (1)(B), including any
public comment received under paragraph (2)(B).
(5) Definitions.--In this subsection:
(A) Child restraint system.--The term ``child
restraint system'' has the meaning given that term in
section 571.213 of title 49, Code of Federal
Regulations (or any successor regulation).
(B) Independent third party.--The term
``independent third party'' means a manufacturer (as
defined in section 30102 of title 49, Code of Federal
Regulations (or any successor regulation)) that does
not receive any direct financial assistance from an
entity that produces or supplies--
(i) equipment for the systems mandated in
such section 30129; or
(ii) child restraint systems.
(C) Passenger motor vehicle.--The term ``passenger
motor vehicle'' has the meaning given that term in
section 32101 of title 49, United States Code.
(D) Secretary.--The term ``Secretary'' means the
Secretary of Transportation.
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